HYDRO II COURSE

FIG/IHO/ICA Category A Level

2013

UNIVERSITY TECHNOLOGY MALAYSIA

UNITED NATION CONVENTION ON THE LAW OF

THE SEA
(UNCLOS)
(DEVELOPMENT)
2
 To outline issues and development of law of the
sea
 Relevant Article for hydrographic surveyor
 To explain ocean mapping components of
UNCLOS
 To describe maritime zones
 To examine the principles of marine and coastal
boundary delimitation
 To explain how ocean mapping is used in
boundary delimitation
 One of the most important treaties in history, a
“constitution of the oceans”
 Preparation, from 1973-1982, by consensus of all
nations
 Regulates ALL activities in the world’s oceans (all
known at time of drafting) through 330 Articles
 Twenty-five Articles apply to hydrography and
geomatics
 Twenty five or so apply to scientific research
 In 1493, the Pope divided the world’s oceans
between Portugal and Spain.
 1600s, Dutch and British were claiming
“freedom of navigation” on the high seas
 State sovereignty over narrow territorial sea
slowly gained acceptance
 Beyond these narrow “cannon shot” zones lay
the High Seas, owned by no State and where a
ship’s Captain was “Captain Under God”
 Increasing range of cannon
 Abolition of the slave trade
1807
 Truman Proclamation 1945
“natural prolongation”
 Peru declares 200nm limit
1949
 Manganese Nodules in the
early 1970s
 United Nations
CONFERENCE on Law of
the Sea led to the United
Nations Convention on
Law of the Sea in force
1994
6
 UNCLOS I (GENEVA CONVENTIONS)

In 1956, the United Nations held its first Conference on the

Law of the Sea (UNCLOS I) at Geneva, Switzerland. UNCLOS I
resulted in four treaties concluded in 1958:

• Convention on the Territorial Sea and Contiguous Zone, ,

entry into force: 10 Sep 1964
• Convention on the Continental Shelf, entry into force: 10 June
1964
• Convention on the High Seas, entry into force: 30 September
1962
• Convention on Fishing and Conservation of Living Resources
of the High Seas, entry into force: 20 March 1966

Although UNCLOS I was considered a success, it left open the

important issue of breadth of territorial waters.
 UNCLOS II

In 1960, the United Nations held the second Conference on

the Law of the Sea (“UNCLOS II”); however, the six-week
Geneva conference did not result in any new agreements.
Generally speaking, developing nations and third world
countries participated only as clients, allies, or dependents
of United States or the Soviet Union, with no significant
voice of their own.
 UNCLOS III - 1982

The 1982 UNCLOS is the most comprehensive

attempt at creating a unified regime for governance of
the rights of nations with respect to the world’s oceans.

The convention addresses a number of topics including

navigational rights, economic rights, pollution of the
seas, conservation of marine life, scientific exploration,
piracy and more. The convention, one of the longest in
history, is comprised of 320 articles and 9 annexes,
representing the codification customary international
law and its progressive development
 TIME SCIENCE RESOURCES LEGAL TECHNOLOGY

POST FIND NATURAL LIMITS OF SINGLE BEAM

WAR RESOURSES EXPLOITABILITY SOUNDERS
GENEVA TRUMAN
CONVENTION DRILL TO 100 FM OIL
SINGLE
1958 60'S SEA FLOOR CHANNEL
OIL RECOVERY SEISMIC

MANGANESE SIDE-SCAN
EXTENDED70'S OCEAN NODULES DRAFTING SONAR
MINING OF
CONTINENTAL UNCLOS
SHELF
SIGNATURE SWATH
80'S SUSTAINABLE SMOKERS
DEVELOPMENT PREPARATION MULTI
FOR CHANNEL
UNCLOS 1982 COBALT RATIFICATION SEISMIC
CRUSTS
90'S FIND SATELITES
RATIFICATION
NON-POLLUTING PHARME- MULTI
CEUTICALS BEAM
RESOURSES BUILD ON SOUNDING
UNCLOS
 UNCLOS I 1958 and UNCLOS II
UNCLOS III 1982
1960
UNCLOS I resulted in four treaties concluded in Convention came into force on November 16,
1958. Only produced 4 conventions covered as 1994.
follows: The convention introduced a number of
[Link] on Territorial Sea and Contiguous provisions. The most significant issues covered:
Zone [Link] limits
[Link] on Continental Shelf b. Navigation
[Link] on High Seas c. Archipelagic status and transit regimes
[Link] on Fishing and Conservation of d. Exclusive Economic Zones(EEZs)
Living Resources of the High Seas [Link] Shelf jurisdiction
In 1960, the United Nations held the second [Link] Seabed Mining
Conference on the Law of the Sea (UNCLOS II) [Link] Exploitation Regime
however Geneva conference did not result in any h. Protection of the marine environment scientific
new agreements. research
[Link] settlement of disputes.
The convention set the limit of various areas,
measured from a carefully defined baseline:
[Link] Water
[Link] Water
[Link] Zone
[Link] Economic Zones
[Link] Shelf
[Link] Waters
 Area UNCLOS I & II UNCLOS III
Internal Water Waters on the landward side of Waters on the landward side of the
the baseline of the territorial sea baseline of the territorial sea form part
form part of the internal waters of the internal waters of the State.
of the State.
Territorial Water (failed to set the standard limit) 12 Nm
Contiguous Zone 12 Nm 24 Nm
Exclusive Economic Zone Nil 200 Nm
Continental Shelf The term continental shelf is used The continental shelf of a coastal State
as referring to the seabed and comprises the seabed and subsoil of the
subsoil of the submarine areas submarine areas that extend beyond its
adjacent to the coast but outside territorial sea throughout the natural
the area of the territorial sea, to a prolongation of its land territory to the
depth of 200 meters or, beyond outer edge of the continental margin, or
that limit, to where the depth of to a distance of 200 nautical miles from
the superjacent waters admits of the baselines from which the breadth of
the exploitation of the natural the territorial sea is measured where
resources of the said areas to the the
seabed and subsoil of similar outer edge of the continental margin
submarine areas adjacent to the does not extend up to that distance.
coasts of However, it may never exceed 350
Islands. nautical miles from the baseline; or it
may never exceed 100 nautical miles
beyond the 2,500 meter isobath (the
line connecting the depth of 2,500
meters).
 Recognizes that the oceans effect the entire planet, not just the
coastal states. Land-locked states are granted rights and
responsibilities, and the Area outside national jurisdiction is part
of the “common heritage of mankind”.
 UNCLOS forms one integral whole. States are not allowed to
make any reservations, it's all or nothing.
 Parts of UNCLOS codify what was customary International law,
while other parts, particularly those dealing with the deep ocean,
are new.
 While UNCLOS provides detail on many issues, some are so
complex as to require being referred to "the competent
international organization" (e.g. the International Hydrographic
Organization (IHO) ) or to a body established by UNCLOS itself
(e.g. Commission on the Limits of the Continental Shelf).
 Straits Used for International Navigation
 Archipelagic States
 Exclusive Economic Zone
 Continental Shelf
 Territorial Sea and Contiguous Zone,
 High Seas
 Regime of Islands
 Enclosed or Semi-Enclosed Seas
 Right of Access of Land-locked States to and from the Sea
 The Area
 Protection and Preservation of the Marine Environment
 Development and Transfer of Marine Technology
 Settlement of Disputes
 Highly Migratory Species
 Commission on the Limits of the Continental
Shelf
 Basic Conditions of Prospecting, Exploration
and Exploitation
 Statute of the Enterprise
 Conciliation
 Statute of the International Tribunal for the
Law of the Sea
 Arbitration
 Special Arbitration
 Participation by International Organisations
Under Law of the Sea there are usually
different meaning between hydrography,
hydrographic survey and marine scientific
research
Hydrography generally means knowledge with
regard to the bodies of water, relating to

(1) depth of water, configuration and the nature of

the seabed;
(2) directions and force of current;
(3) heights and times of tides and water stages;
(4) location of topographic features and fix objects
for survey and navigation purposes.
Hydrographic Survey means a survey of the
bodies of water directed for specific purposes, such
as;

(1) for the purposes of safety of navigation,

(2) for construction of artificial islands, structures
and installation at sea, and even for
(3) the purposes of making and constructing port
and post installation
Marine Scientific Research (MSR) means
activities undertaken in the marine environment to
enhance scientific knowledge regarding the nature
and natural processes of the seas and oceans, the
seabed and subsoil thereof.
UNCLOS 1982 contains some provisions regarding
the hydrographic survey and marine scientific
research. For instance Article 21 (1) stipulates that
coastal states “may adopt laws and regulations, in
conformity with the provisions of this Convention
and other rules of International Law, relating to
innocent passage through the territorial sea, in
respect of all or any of the following: (a) the safety
of navigation and the regulation of marine
traffic……… (g) marine scientific research and
hydrographic surveys.”
• Article 40 of UNCLOS stated that during transit
passage through straits used for international
navigation, “foreign ships, including marine scientific
research and hydrographic survey ships may not
carry out any research or survey activities without
the prior authorization of the states bordering
straits”.

• The prohibition to the conduct marine scientific

research and hydrographic survey without prior
authorization of the coastal state is also applicable in
the archipelagic waters in accordance with Article 54
of the UNCLOS 1982.
• The problem of marine scientific research and
hydrographic survey in the EEZ may create some
problems

• Article 56 (1) indicated that in the EEZ, the

coastal state has sovereign rights for the
purpose of exploring and exploiting, conserving
and managing the natural resources, whether
living or non living of the EEZ and with regard to
other activities for the economic exploitation and
exploration of the zone, such as the production
of energy from the waters and wind. In Addition,
Article 56 also stated that the coastal states has
jurisdiction with regard to, among others marine
• Therefore there has been some confusion with regard
to the regime of hydrographic survey in the EEZ
whether it would be under the freedoms of the sea, or
under the jurisdiction of the coastal states. One
argument would say that hydrographic survey is not
directly related to exploring, conserving and managing
the natural resources of the EEZ, and therefore should
be free for all states.

• Although hydrographic survey was not clearly stated

within the jurisdiction of the coastal state as stipulated
in Article 56(1) (d), the coastal states considered that
hydrographic survey
have direct relations to their security.
In view of this , a certain group of experts on the Law
of the Sea, the so called Group of 21 consisting of
Law of the Sea experts from Japan, Australia,
Indonesia, Malaysia, the Philippines, China , Republic
of Korea, India, Russia, the United States,
International Tribunal for the Law of the Sea, and
others have carried out several meetings, and have
formulated certain Guidelines for the navigation and
overflight in the EEZ.
a. Hydrographic surveying should only be conducted in
the EEZ of another state with the consent of the coastal
state. This does not apply to the collection of navigational
data by a ship required for safe navigation during the
ship’s passage through an EEZ.

b. Coastal State consent for hydrographic surveying

should normally be granted unless the surveys fall within
one of the consent categories in Article 246(5) of the 1982
UNCLOS, such as having direct significance for the
exploration and exploitation of natural resources,
whether living or non-living.

c. The Guidelines in Articles VIII and IX also apply to

aircraft, autonomous underwater vehicles (AUVs),
remotely operated vehicles (ROVs) and other remotely
Hydrography is also very closely related to UNCLOS 1982 and
very crucial in determining the baselines for measuring territorial
sea, contiguous zones, EEZ, and continental shelf.

- Article 5 the normal baselines for measuring the breadth

of the territorial sea is the low water line along the coasts as
marked on large scale charts officially recognized by the coastal
states. Hydrographic knowledge is crucial in determining the
location of the “low water line” along the coast.

- Article 6 to determine the seaward low water line of the

reefs as shown by the appropriate symbol on chart officially
recognized by the coastal states, because those low water lines
could be used as baselines for measuring the breadth of the
territorial sea.

- Article 7 to determining straight baselines where the

- Article 9 determining straight baselines across the mouth
of the river between points on the low water line of its banks
or cross a bay Article 10

- Article 13 in determining a low tide elevation, primarily

because the location of that low tide elevation could influence
the extent of straight baselines for measuring the territorial
sea.

- Article 10 to determine the seaward low water line of the

reefs as shown by the appropriate symbol on chart officially
recognized by the coastal states, because those low water
lines could be used as baselines for measuring the breadth of
the territorial sea.
- Article 15, failing agreement to the contrary, neither of
the two states can extend its territorial sea “beyond the
median line every points of which is equidistant from the
nearest points on the baselines from which the breadth of
the territorial seas of each of the two states is measured”.
Only hydrographic research that could determine those
median line for the delimitation between the two states and
to show them on charts or provide a list of geographical
coordinates of points, specifying the geodetic datum as
stipulated in Article 16

- Article 47 to determine “the outermost points of the

outermost islands and drying reefs of archipelago” as stated
in Article 47(1) which are essential as basis for drawing
“straight archipelagic baselines”.
• Hydrographic knowledge is important to determine the various
base points, the connecting baselines, the 12 miles extent of the
territorial seas from the baselines, the 24 miles extent of the
contiguous zone from the territorial sea baselines and the 200
miles EEZ boundaries, also from the territorial sea baselines. In
addition, hydrographic knowledge is also crucial in determining
the outer edge of the continental margin beyond the 200 mile
limits, particularly the determination of the existence of
submarine ridges, plateau , rises, caps, banks, and spurs which
are part of the continental margin.

• Hydrographic survey and knowledge is extremely significant in

determining 2500 meters isobaths as the possible basis to start
counting possible limit of 100 miles for measuring the outer limit
of the continental margin (Article 76 (5) of UNCLOS) as the limit
of the continental shelf beyond the distance of 200 miles from
the baselines as stipulated in Article 76 of UNCLOS.